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WILLIAM SMALLWOOD, Esq; Governor.
lay out a public road not less than twenty feet nor more than forty
feet wide, in
such direction and place as they, under all circumstances, shall think
proper,
from the said town to Cow Landing aforesaid (except through buildings or
orchards); and that the commissioners aforesaid, or a majority of them,
shall
ascertain and value what damage may be occasioned to any person or persons
by
such road passing through his, her, or their lands. |
1787.
CHAP.
XXIV. |
III. And be
it enacted, That the inhabitants of the town of Talbot aforesaid
shall raise, by subscription or otherwise, such sum or sums of money
as will be
sufficient to lay out, make and complete, the said road in the first instance,
and
shall, within the term of twelve months, and before the said road shall
be opened,
pay the sums which shall be ascertained as aforesaid to the person or persons
who
shall be entitled to receive the same. |
Inhabitants to
raise money,
&c. |
IV. And be it
enacted, That the said commissioners, or a majority of them,
shall make, or cause to be made, a fair plot or survey of the said road,
and return
the same, with their proceedings, to the next June county court of Talbot
county
aforesaid, which shall be received by the clerk of the said county, and
be recorded
amongst the records of said county; and the said road, when completed,
shall be received by the justices of the said county, and shall be for
ever thereafter
deemed and taken a public highway. |
A fair plot to
be made, &c. |
V. And be it
enacted, That the said commissioners shall have full power to
employ a surveyor to lay out the said road and make a plot thereof, who
shall be
allowed the sum of fifteen shillings per day for every day he shall be
employed
on the business aforesaid; and the said commissioners shall be allowed
the sum
of ten shillings per day each for every day they shall be employed on the
said
business, to be paid by the inhabitants of the said town within three months
from the return of the plot as aforesaid directed. |
Commissioners
may employ
a surveyor,
&c. |
CHAP. XXV.
An ACT giving a more speedy remedy against delinquent subscribers
to the Patowmack company. |
Passed December
17. |
WHEREAS it hath been represented to this general
assembly, that the
opening of the navigation in Patowmack river hath been retarded by
the failure of many of the members of the company instituted for
the purpose of effecting the same to pay their respective subscriptions:
And
whereas the mode of recovery now established by law, hath been found wholly
inadequate thereto, and a work of such general utility, to which the state
hath
already advanced several sums of money from time to time, ought not to
be frustrated
by the delinquency of individuals: |
Preamble. |
II. Be it enacted,
by the General Assembly of Maryland, That if any subscriber
to the Patowmack company now is, or hereafter shall be, in arrear for
any sum or sums of money called for in pursuance of an act, entitled, An
act for
establishing a company for opening and extending the navigation of the
river Patowmack,
it shall and may be lawful for the president and directors of the Patowmack
company, or a majority of them, in the name of the said company,
to recover any such sum or sums of money from such subscriber in the general
court, or in the county court of the county in which he shall reside, at
any additional
or other session of such respective court, together with all legal costs,
by
way of motion to the court, provided the person against who such motion
may
be made hath ten days previous notice thereof; provided also, that if the
person
against whom such motion may be made, or his attorney, shall desire a jury
to
be empannelled, the court shall direct a jury to be immediately charged
to try
whether he did assume to pay, and whether he hath paid, but the said president
and directors shall not be required to prove that he did so assume,
until he shall
first have made oath that he did not so assume; and it shall be lawful
for the said
court to direct judgment to be entered on the verdict rendered, with costs,
and
execution shall issue thereupon returnable to any day of the session of
the same
court, which the said court shall direct. |
President, &c.
may recover
money due,
&c. |
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